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2017 Arkansas Code
Title 27 - Transportation
Subtitle 5 - Highways, Roads, and Streets
Chapter 67 - State Highway System
Subchapter 3 - Acquisition, Condemnation, and Disposition of Property
§ 27-67-314. Right of entry
Universal Citation: AR Code § 27-67-314 (2017)
- (a) Upon the filing of the declaration of taking and the deposit with the clerk of the circuit court of the estimated compensation, the State of Arkansas shall thereupon have the right of entry and the parties in possession shall be required to surrender possession to the petitioner, upon such terms as shall be fixed by the court.
- (b) If, for any reason, the right of entry is postponed by the court in any case where the party in possession has withdrawn any part of the award, the court may fix a reasonable rental for the premises to be paid by the party to the State of Arkansas during such occupancy.
- (c) The court shall also have the power to direct the payment of delinquent taxes and special assessments out of the amount determined to be just compensation, and to make such orders with respect to encumbrances, liens, rents, insurance, and other charges, as shall be just and equitable.
- (d) The right to take possession and title in advance of final judgment in condemnation proceedings as provided in §§ 27-67-312 -- 27-67-315, 27-67-316(a)-(e), and 27-67-317 -- 27-67-319 shall be in addition to any right, power, or authority conferred by the laws of this state under which such proceedings may be conducted and shall not be construed as abrogating, limiting, or modifying any such right, power, or authority.
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